38 U.S. Code § 1317 - Restriction on payments under this chapter

(a)Except as provided in subsection (b), no person eligible for dependency and indemnity compensation by reason of any death occurring after December 31, 1956, shall be eligible by reason of such death for any payments under

(1) provisions of law administered by the Secretary providing for the payment of death compensation or death pension, or

1971—Pub. L. 92–197struck out subsec. (a) which, among other provisions, restricted payment of dependency and indemnity compensation in certain cases where death of a veteran occurred while United States Government life insurance or National Service Life Insurance was in force under an in-service waiver of premiums continued under section
724 of this title, and designated subsec. (b) as entire section.

Pub. L. 91–291, § 13(c),June 25, 1970, 84 Stat. 332, provided that: “No dependency and indemnity compensation shall be payable to any person by virtue of the amendments made by subsection (a) of this section [amending this section] for any person prior to the effective date of this Act [June 25, 1970].”

Pub. L. 91–291, § 14(a),June 25, 1970, 84 Stat. 332, provided that: “The amendments made by this Act [amending this section and sections
705,
707,
745,
765,
767,
768,
769,
770, and
774 [now 1905, 1907, 1945, 1965, 1967, 1968, 1969, 1970, and 1974] of this title and enacting provisions set out as notes under this section] shall take effect as of the date of enactment [June 25, 1970], except that sections
10 and
12 [amending sections
717 and
752 [now 1917 and 1952] of this title] shall take effect as of the first day of the first calendar month which begins more than six calendar months after the date of enactment of this Act [June 25, 1970].”

Dependency and Indemnity Compensation; Eligibility

Pub. L. 92–197, § 8,Dec. 15, 1971, 85 Stat. 662, provided that: “Any person who before January 1, 1972, was not eligible for dependency and indemnity compensation under such title by reason of the provisions of the prior section
417(a) of title
38, United States Code, may elect, in such manner as the Administrator of Veterans’ Affairs shall prescribe, to receive dependency and indemnity compensation, and an election so made shall be final. A person receiving, or entitled to receive, death compensation on December 31, 1971, shall continue to receive death compensation, if otherwise eligible, in the absence of an election to receive dependency and indemnity compensation.”

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